Kosovo

LEGAL BASIS

The Law on Patents No. 04/L-029, published on August 29, 2011 in the Official Gazette of the Republic of Kosovo, in force since September 13, 2011, amended by Law No. 05/L-039 of August 24, 2015.

Administrative Instruction No. 13/2016 on the Procedure for Registration of Patents, in force since September 2, 2016.

MEMBERSHIP IN INTERNATIONAL CONVENTIONS

Kosovo is not a member of any international conventions related to intellectual property matters, except the Hague Apostille Convention as of July 14, 2016.

FILING REQUIREMENTS

Specification, claims (EPO type) and abstract;

Drawings (if any);

Certified copy of the priority application(s), if priority is claimed;

Power of Attorney, original or notarized copy; legalization not required (a general POA must be notarized; must be filed at application time).

REMARKS

Validity: issued after a formal examination and examination as to patentability and unity of the invention - valid for 20 years. Annuities: are due for the third and each following year for patent applications and patents counting from the filing date. Opposition: not provided for.

LEGAL BASIS

The Law on Trademarks No. 04/L-026, published on August 24, 2011 in the Official Gazette of the Republic of Kosovo, in force since September 8, 2011, amended by Law No. 05/L-040 of August 24, 2015.

Administrative Instruction No. 08/2016 on Early Examination of Applications for Protection of Trademarks, in force since July 7, 2016.

Administrative Instruction No. 14/2016 on Trademark Registration, in force since September 7, 2016.

MEMBERSHIP IN INTERNATIONAL CONVENTIONS

Kosovo is not a member of any international conventions related to intellectual property matters, except the Hague Apostille Convention as of July 14, 2016.

FILING REQUIREMENTS

High quality electronic sample of the mark (for device marks), up to 8 x 8 cm;

List of goods and services, classified in accordance with the International Classification;

Priority certificate, if priority is claimed (must be filed within three months of the filing deadline);

Power of Attorney, original or notarized copy; legalization not required (a general POA must be notarized; must be filed at application time).

REMARKS

Kinds of protection: verbal, pictorial, three-dimensional and other designations, in color or their combination. Service marks are registrable. Classification: International. Obligation to use the registered mark: compulsory. Non-use during any five-year period after the publication date may lead to cancellation. Duration – renewals: 10 years from the filing date, renewable every 10 years. Opposition: provided for within three months from the publication of the trademark.

LEGAL BASIS

The Law on Industrial Design No. 04/L-028, published on August 22, 2011 in the Official Gazette of the Republic of Kosovo, in force since September 6, 2011.

MEMBERSHIP IN INTERNATIONAL CONVENTIONS

Kosovo is not a member of any international conventions related to Intellectual Property matters, except the Hague Apostille Convention as of July 14, 2016.

FILING REQUIREMENTS

Representation of the design suitable for reproduction (photographs or drawings, max. 7 different appearances);

Priority certificate, if priority is claimed (immediately with the application for exhibition priority or for Union priority, must be filed within three months from the filing date);

Power of Attorney, original or notarized copy; legalization not required (a general POA must be notarized; must be filed at application time);

Description of the design (optional and up to 100 words);

Request for deferment of publication of the registered design (optional).

REMARKS

Duration - renewals: after formal and complete examination: 25 years from the filing date.Annuities: first five years of protection are paid upon invitation of the IP Office; thereafter, the maintenance fees are paid for 5-year periods upon owner's own initiative.Opposition: not provided for.

There are no published regulations on domain name registration under the .ks country code top-level domain name for Kosovo.

General Remarks

This province, which was under United Nations' administration (UNMIK), declared its independence on February 17, 2008. Kosovo is not a member of the U.N. and remains unrecognized by a substantial number of States worldwide. Kosovo has not yet joined WIPO or any other international IP treaty. Kosovo's government operates independently from the Serbian authorities. The local IP Office was established and became operative on November 19, 2007, enabling filing of national patent and trademark applications in Kosovo on the basis of Kosovo's Industrial Property laws.